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In re Hairston (Case No. 04-00415) 01/11/2005

Automatic stay does not apply to the collection of any support from property that is not property of the estate.  Property of the estate for Chapter 13 purposes includes post-petition earnings of the debtor only to the extent paid to Trustee or directly to creditors, as provided for in the plan or confirmation order.  11 U.S.C. section 1327(b) (excluding remaining earnings from estate).  Vacated order quashing support garnishment not provided for in Chapter 13 plan.

Date: 
Tuesday, January 11, 2005
Category: 
Automatic Stay
Chapter 13 Issues
Confirmation of Plan
Domestic Support Obligations
Garnishment
Property of the Estate
Chapter: 
13